[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)]
[Notices]
[Pages 72086-72094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29457]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2015-0058]


Chemical Security Assessment Tool (CSAT)

AGENCY: National Protection and Programs Directorate, DHS.

ACTION: 60-Day notice and request for comments; Revision of Information 
Collection Request: 1670-0007.

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SUMMARY: The Department of Homeland Security (DHS or the Department), 
National Protection and Programs Directorate (NPPD), Office of 
Infrastructure Protection (IP), Infrastructure Security Compliance 
Division (ISCD), will submit the following Information Collection 
Request to the Office of Management and Budget (OMB) for review and 
clearance in accordance with the Paperwork Reduction Act of 1995 (Pub. 
L. 104-13, 44 U.S.C. Chapter 35).

DATES: Comments are encouraged and will be accepted until January 19, 
2016. This process is conducted in accordance with 5 CFR 1320.8.

ADDRESSES: Interested persons are invited to submit comments on the 
proposed information collection through the Federal eRulemaking Portal 
at http://www.regulations.gov. All submissions received must include 
the words ``Department of Homeland Security'' and the docket number 
DHS-2015-0058. Except as provided below, comments received will be 
posted without alteration at http://www.regulations.gov, including any 
personal information provided.
    Comments that include trade secrets, confidential commercial or 
financial information, Chemical-terrorism Vulnerability Information 
(CVI),\1\ Sensitive Security Information (SSI),\2\ or Protected 
Critical Infrastructure Information (PCII) \3\ should not be submitted 
to the public regulatory docket. Please submit such comments separately 
from other comments in response to this notice. Comments containing 
trade secrets, confidential commercial or financial information, CVI, 
SSI, or PCII should be appropriately marked and packaged in accordance 
with applicable requirements and submitted by mail to the DHS/NPPD/IP/
ISCD CFATS Program Manager at the Department of Homeland Security, 245 
Murray Lane SW., Mail Stop 0610, Arlington, VA 20528-0610. Comments 
must be identified by docket number DHS-2015-0058.
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    \1\ For more information about CVI see 6 CFR 27.400 and the CVI 
Procedural Manual at http://www.dhs.gov/xlibrary/assets/chemsec_cvi_proceduresmanual.pdf.
    \2\ For more information about SSI see 49 CFR part 1520 and the 
SSI Program Web page at http://www.tsa.gov.
    \3\ For more information about PCII see 6 CFR part 29 and the 
PCII Program Web page at http://www.dhs.gov/protected-critical-infrastructure-information-pcii-program.

SUPPLEMENTARY INFORMATION: Section 550 of the Homeland Security 
Appropriations Act of 2007, Public Law 109-295 (2006), provided the 
Department with the authority to regulate the security of high-risk 
chemical facilities. On April 9, 2007, the Department issued an Interim 
Final Rule (IFR), implementing this statutory mandate at 72 FR 17688. 
In December 2014, the President signed into law the Protecting and 
Securing Chemical Facilities from Terrorist Attacks Act of 2014 (the 
CFATS Act of 2014), Public Law 113-254, which authorized the Chemical 
Facility Anti-Terrorism Standards program in the Homeland Security Act 
of 2002, as amended, Public Law 107-296.\4\
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    \4\ Section 2 of the CFATS Act of 2014 adds a new Title XXI to 
the Homeland Security Act of 2002. Title XXI contains new sections 
numbered 2101 through 2109. Citations to the Homeland Security Act 
of 2002 throughout this document reference those sections of Title 
XXI. In addition to being found in amended versions of the Homeland 
Security Act of 2002, those sections of Title XXI can also be found 
in section 2 of the CFATS Act of 2014, or in 6 U.S.C. 621-629.
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    The CFATS regulations (available at 6 CFR part 27) govern the 
security at covered chemical facilities that have been determined by 
the Department to be at high risk for terrorist attack. See 6 CFR part 
27. CFATS represents a national-level effort to minimize terrorism risk 
to such facilities. Its design and implementation balance maintaining 
economic vitality with securing facilities and their surrounding 
communities. The regulations were designed, in collaboration with the 
private sector and other stakeholders, to take advantage of protective 
measures already in place and to allow facilities to employ a wide 
range of tailored measures to satisfy the regulations' Risk-Based 
Performance Standards (RBPS).
    The Department collects the core regulatory data necessary to 
implement CFATS through the portions of the Chemical Security 
Assessment Tool (CSAT) covered under this collection. For more 
information about CFATS and CSAT, you may access www.dhs.gov/chemicalsecurity. The current information collection for CSAT (IC

[[Page 72087]]

1670-0007) will expire on April 30, 2016.\5\
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    \5\ The current information collection for CSAT may be found at 
http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201303-1670-001
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The Department's Methodology in Estimating the Burden for the Top-
Screen

Number of Respondents

    The current information collection estimated that 2,500 respondents 
would submit a Top-Screen annually. That estimate, which is taken from 
the 2007 CFATS Regulatory Assessment,\6\ was derived by averaging the 
estimated number of respondents that would complete a Top-Screen during 
calendar year (CY) 2012-2014 that had not previously submitted a Top-
Screen. In actuality, during CY 2012-2014, there were 2,574 respondents 
(i.e., chemical facilities of interest) that submitted a Top-Screen for 
the first time. This information is displayed in Table 1 below:
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    \6\ See Section 3 and Table 6 of the 2007 CFATS Regulatory 
Assessment, http://www.regulations.gov/#!documentDetail;D=DHS-2006-
0073-0116.

                                         Table 1--Top-Screen Respondents
                                            [Estimated versus actual]
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                                Year 1 CY 2012  Year 2 CY 2013  Year 3 CY 2014       Total       Average annual
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Estimated number of Top-Screen           2,500           2,500           2,500           7,500  2,500.
 respondents in the current
 information collection.
                               ---------------------------------------------------------------------------------
    Total Number of                        412           1,434             728           2,574  858 (rounded).
     Respondents.
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    Because the annual average of 858 respondents is less than half of 
the annual number of respondents estimated in the 2007 CFATS Regulatory 
Evaluation for CY 2012-2014 (i.e., 2,500), the Department will revise 
the estimated number of respondents for this instrument to 1,000 
respondents annually.

Estimated Time per Respondent

    In the current information collection, the estimated time per 
respondent to prepare and submit a Top-Screen is 11.25 hours. This 
estimate assumed that the majority of the burden associated with the 
Top-Screen was outside of the Department's ability to quantitatively 
measure. However, by using the data collected during CY 2012-2014, the 
Department was able to measure the duration a respondent was logged 
into the Top-Screen application. Based upon actual historical data, the 
Department determined that 95% percent of respondents, who submitted 
Top-Screens, were logged into the CSAT Top-Screen application for no 
more than 1.2 hours (72 minutes). In response to previous comments 
provided by stakeholders in the last round of public comments on this 
Information Collection, the Department estimates that for every hour a 
respondent is logged into the CSAT Top-Screen application, the 
respondent spends an average of four hours in preparation.\7\ 
Therefore, for the purposes of this notice, the Department's estimated 
time per respondent to submit a Top-Screen is 6 hours [1.2 hours + (1.2 
hours x 4 hours)]. To account for the anticipated resubmission by 
respondents, the Department further estimates that 50 percent of the 
respondents will submit two Top-Screens.\8\
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    \7\ The comments and the Department's response are described in 
the 30-day notice the Department published for this Information 
Collection in March of 2013 (http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201303-1670-001)
    \8\ The Department analyzed the amount of time a respondent was 
logged into CSAT when submitting an initial Top-Screen versus an 
additional Top-Screen and determined that while there was a slight 
difference in the burden per response (i.e., Additional Top-Screens 
took on average 15% less time). The Department, for the purposes of 
this notice, opted not to break out the initial and subsequent Top-
Screens to analyze the minimal burden difference.
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    The Department expects to implement a revised Top-Screen with the 
approval of this information collection. The Department expects that as 
a result of the revised Top-Screen respondents will spend about 
approximately the same amount of time logged into the CSAT Top-Screen 
application as Top-Screen users have, historically. The revised Top-
Screen will: (1) Streamline the entry of information about chemicals of 
interest (COI) into CSAT; (2) add new questions to assist respondents 
in identifying the COI related security issue(s); (3) include questions 
currently asked in the current Security Vulnerability Assessment (SVA) 
and Alternative Security Program (ASP) Instrument; and (4) utilize 
geospatial technology to identify area of highest quantity.
    The Department also collects supporting documentation from 
approximately half of the respondents. Based upon the Department's day-
to-day informal discussions with respondents, the Department believes 
that a reasonable burden for the gathering and provision of supporting 
documentation is 0.25 hours.

Annual Burden Hours

    The annual burden hours for the Top-Screen is [6 hours x 1,000 
respondents x 1.5 responses per respondent], which equals 9,000 hours. 
The annual burden hours to submit supporting documentation is 125 hours 
[0.25 hours x 500 respondents x one response per respondent].
    Therefore, the Department estimates that the total annual burden 
hours for the Top-Screen is 9,125 hours [9,000 hours + 125 hours]. The 
rounded estimate is 9,200 hours.

Total Burden Cost (Capital/Startup)

    The Department provides access to CSAT free of charge and the 
Department assumes that each respondent already has access to the 
internet for basic business needs.
    As mentioned previously in this notice, the Department expects to 
revise the Top-Screen when this information collection is approved. The 
revised Top-Screen will enable the Department to begin using an 
improved tiering methodology that incorporates the relevant elements of 
risk, which was mandated by Section 2102(e)(2) of the Protecting and 
Securing Chemical Facilities from Terrorist Attacks Act of 2014 (the 
CFATS Act of 2014). As a result of the development of the new tiering 
methodology, the Department is considering requesting chemical 
facilities of interest that have chemical holdings at or above the 
screening

[[Page 72088]]

threshold quantities on Appendix A of CFATS to complete the Top-Screen, 
even if the facility has previously completed a Top-Screen and been 
determined not to be high-risk. Between the effective date of CFATS in 
June 2007 and December 2014, the Department has received Top-Screens 
from approximately 36,930 unique facilities. Therefore the Department 
estimates that there will be a one-time capital/startup cost of 
$15,005,397.60 [36,930 facilities x 6 hours x $67.72 (average hourly 
wage rate for Site Security Officers)]. The rounded estimate is 
$15,005,400.

Total Recordkeeping Burden

    A respondent that has submitted a Top-Screen may or may not be 
determined by the Department to present a high level of security risk. 
Only respondents that present a high level of security risk are 
required to keep records mandated by CFATS.
    For respondents that ultimately are determined not to present a 
high level of security risk, the Department estimates any CFATS 
recordkeeping burden to be de minimis.
    For respondents that are determined to present a high level of 
security risk, the Top-Screen recordkeeping burden is accounted for 
within the recordkeeping burden estimate for the ``Site Security Plan 
(SSP) and Alternative Security Program (ASP) submitted in lieu of the 
Site Security Plan,'' discussed later in this notice. The recordkeeping 
burden estimate for the ``Site Security Plan (SSP) and Alternative 
Security Program (ASP) submitted in lieu of the Site Security Plan'' 
accounts for all records respondents are required to maintain under 
CFATS because the Department assumes that respondents maintain their 
Top-Screen records and any other required records in the same manners, 
formats, and locations as they maintain their SSP/ASP records.

Total Annual Burden Cost

    The 2007 CFATS Regulatory Evaluation assumes that Site Security 
Officers are responsible for submitting Top-Screens. For the purpose of 
this notice, the Department maintains this assumption.
    Therefore, to estimate the total annual burden, the Department 
multiplied the annual burden of 9,125 hours by the average hourly wage 
rate of Site Security Officers of $67.72 per hour \9\ and then added 
the one-time startup cost. Therefore, the total annual burden cost for 
the Top-Screen instrument is $15,623,342.60 [9,125 total annual burden 
hours x $67.72 per hour + $15,005,397.60]. The rounded estimate is 
$15,623,400.
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    \9\ The average hourly wage rate was based on an average hourly 
wage rate of $47.21 with a benefits multiplier of 1.43. The $47.21 
rate was based on 2014 dollars using the Consumer Price Index (CPI). 
U.S. Department of Labor, Bureau of Labor Statistics; ``Table 24. 
Historical Consumer Price Index for All Urban Consumers (CPI-U): U. 
S. city average, all;'' Annual Average; July 2015. Available at: 
http://www.bls.gov/cpi/tables.htm, last accessed on September 9, 
2015.
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The Department's Methodology in Estimating the Burden for the Security 
Vulnerability Assessment (SVA) & Alternative Security Program (ASP) 
Submitted in Lieu of the Security Vulnerability Assessment

Number of Respondents

    The current information collection estimated that 740 respondents 
would complete an SVA/ASP annually during CY 2012-2014 that had not 
previously submitted an SVA/ASP. The number of respondents was derived 
by a two-step process. The first step estimated the expected number of 
SVAs/ASPs by multiplying the estimated number of Top-Screens in each CY 
by the percentage of Top-Screens that resulted in a determination by 
the Department that an SVA or ASP in lieu of an SVA must be submitted 
by a respondent (i.e., a covered chemical facility). When the current 
information collection was approved in September of 2014, that rate was 
29.6 percent. The estimated number of SVAs or ASPs in lieu of SVAs that 
must be submitted by respondents was then averaged. See the table below 
for estimates.

     Table 2--SVA/ASP Respondent Estimates in Current Information Collection Based on Top-Screen Respondents
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                                  Year 1 CY 2012  Year 2 CY 2013  Year 3 CY 2014       Total      Average annual
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Estimated number of Top-Screen             2,500           2,500           2,500           7,500           2,500
 Respondents in the current
 information collection.........
Estimated number of SVA/ASP                  740             740             740           2,220             740
 Respondents in the current
 information collection.........
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    In actuality, during CY2012-2014, there were 633 respondents (i.e., 
chemical facilities of interest) that submitted an SVA/ASP for the 
first time. This information is displayed in Table 3 below:

                                          Table 3--SVA/ASP Respondents
                                            [Estimated versus actual]
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                                                  Year 1 CY 2012  Year 2 CY 2013  Year 3 CY 2014       Total
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Estimated number of SVA/ASP respondents in the               740             740             740           2,220
 current information collection.................
Actual Number of Respondents....................             136             315             182             633
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    The Department is satisfied that the methodology to estimate the 
number of respondents is reasonable because the percentage of Top-
Screens that resulted in a determination by the Department that an SVA 
or ASP in lieu of an SVA was relatively stable. Historical data from 
the Department during CY 2012-2014 revealed that the percentage of Top-
Screens that subsequently resulted in a determination that an SVA or 
ASP in lieu of an SVA must be submitted by

[[Page 72089]]

a respondent was 21.1 percent. This is a small change from the previous 
percentage of 29.6 percent. The estimated number of SVAs or ASPs in 
lieu of SVAs that must be submitted by respondents was determined by CY 
and then averaged. Therefore, for the purposes of this notice, the 
number of SVA/ASP respondents is 211 [1,000 Top-Screen Respondents x 
0.211]. The Department opted to not round the estimate. See table 
below.

              Table 4--SVA/ASP Respondents Estimates in This Notice Based on Top-Screen Respondents
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                                  Year 1 CY 2012  Year 2 CY 2013  Year 3 CY 2014       Total      Average annual
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Estimated number of Top-Screen             1,000           1,000           1,000           3,000           1,000
 responses in this notice.......
Estimated number of SVA/ASP                  211             211             211             633             211
 responses in this notice.......
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Estimated Time per Respondent

    The current information collection estimated the time per 
respondent for preparing and submitting an SVA/ASP to be 65 hours. This 
estimate assumed that the majority of the burden associated with the 
SVAs/ASPs was outside of the Department's ability to quantitatively 
measure. However, by using the data collected during CY 2012-2014, the 
Department was able to measure the duration a respondent was logged 
into the SVA/ASP application. Based upon actual historical data, the 
Department determined that 95 percent of respondents who submitted SVAs 
were logged into the CSAT SVA/ASP application for no more than 5.3 
hours.
    The Department expects to implement a revised SVA/ASP with the 
approval of this information collection. The Department expects that as 
a result of the revised SVA/ASP respondents will spend 90 percent less 
time logged into the SVA/ASP application because the revised SVA/ASP 
will (1) have duplicative questions removed that exist in the SSP/ASP; 
(2) a few questions will be moved to the Top-Screen to support the 
improved tiering methodology; and (3) the attack scenarios and related 
questions will also be removed.
    In response to previous comments provided by stakeholders in the 
last round of public comments on this Information Collection, the 
Department estimates that for every hour a respondent is logged into 
the CSAT SVA/ASP application, it spends an average of four hours in 
preparation. Therefore, for the purpose of this notice, the 
Department's estimated time per respondent to submit an SVA/ASP is 2.65 
hours [(5.3 hours x 0.1) + (5.3 hours x 0.1) x 4 hours].\10\
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    \10\ The numerical value of 0.1 is used to reflect that 90% 
reduction of time a respondent is expected to be logged into the 
CSAT SVA/ASP.
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    During CY 2012-2014, for every initial submission of an SVA, 
respondents generally submit two additional SVA/ASPs. However, the 
Department believes that the reasons for this higher than expected 
resubmission rate have been addressed and will not be repeated. 
Therefore, the Department anticipates that only 50 percent of the 
respondents will submit two SVA/ASPs.\11\
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    \11\ The Department analyzed the amount of time a respondent was 
logged into CSAT when submitting an initial SVA/ASP versus an 
additional SVA/ASP and determined that additional SVAs/ASPs took 3% 
more time on average than initial SVAs/ASPs. The Department, for the 
purposes of this notice, opted not to break out the initial and 
subsequent SVAs/ASPs to analyze the minimal burden difference.
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    The Department also collects supporting documentation from 
approximately half of the respondents. Based upon the Department's day-
to-day informal discussions with respondents, the Department believes 
that a reasonable burden for gathering and provision of supporting 
documentation is 0.25 hours per respondent.

Annual Burden Hours

    The annual burden hours for an SVA/ASP is 838.725 hours [211 
respondents x 2.65 hours x 1.5 responses per respondent].
    The annual burden estimate to obtain supporting documentation is 
26.375 hours [0.25 hours x 211 respondents x 0.5 x 1 response per 
respondent].
    Therefore, the Department estimates that the total annual burden in 
hours for the SVA/ASP is 865.10 hours [838.725 hours + 26.375 hours]. 
The rounded estimate is 900 hours.

Total Burden Cost (Capital/Startup)

    The Department provides access to CSAT free of charge, and the 
Department assumes that each respondent already has access to the 
internet for basic business needs. Therefore, for the purposes of this 
notice, the Department estimates that there are no capital/startup 
costs.

Total Recordkeeping Burden

    A respondent that has submitted an SVA/ASP may or may not be 
determined by the Department to present a high level of security risk. 
Only respondents that present a high level of security risk have a 
recordkeeping requirement.
    For respondents that ultimately are determined not to present a 
high level of security risk, the Department estimates any CFATS 
recordkeeping burden to be de minimis.
    For respondents that are determined to present a high level of 
security risk, the SVA recordkeeping burden is accounted for within the 
recordkeeping burden estimate for the ``Site Security Plan (SSP) and 
Alternative Security Program (ASP) submitted in lieu of the Site 
Security Plan,'' discussed later in this notice. The recordkeeping 
burden estimate for the ``Site Security Plan (SSP) and Alternative 
Security Program (ASP) submitted in lieu of the Site Security Plan'' 
accounts for all records respondents are required to maintain under 
CFATS because the Department assumes that respondents maintain their 
Top-Screen records and any other required records in the same manners, 
formats, and locations as they maintain their SSP/ASP records.

Total Annual Burden Cost

    The 2007 CFATS Regulatory Evaluation assumes that Site Security 
Officers will be responsible for submitting SVA/ASPs. For the purpose 
of this notice, the Department maintains this assumption.
    The total annual burden cost for the SVA/ASP is $58,584.57 [865.10 
total annual burden hours x $67.72 (average hourly wage rate for Site 
Security Officers)]. The rounded estimate is $58,600.

The Department's Methodology in Estimating the Burden for Site Security 
Plan (SSP) & Alternative Security Program (ASP) Submitted in Lieu of 
the Site Security Plan

Number of Respondents

    The current information collection estimated that 486 respondents 
would complete an SSP/ASP annually during CY 2012-2014 that had not 
previously submitted an SSP/ASP. In actuality, during CY2012-2014, 
there were 336 respondents that submitted an SSP/ASP

[[Page 72090]]

for the first time.\12\ This information is displayed in Table 5 below:
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    \12\ Between 2012 and 2014, the Department made substantial 
progress in addressing the number of SSP/ASPs received prior to 2012 
from covered chemical facilities. The Department received 2,721 SVA/
ASPs during CY2012 through CY2014 (i.e., 103 revised SSP/ASP in 
2012, 1,026 revised SSP/ASPs in 2013, and 1,592 SSP/ASPs in 2014). 
The Department accounts for the cost of resubmitted SVA/ASPs in the 
next section titled, ``Estimated Time Per Respondent.''

                                          Table 5--SSP/ASP Respondents
                                            [Estimated versus actual]
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                                                  Year 1 CY 2012  Year 2 CY 2013  Year 3 CY 2014       Total
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Estimated number of SSP/ASP respondents in the               486             486             486           1,458
 current information collection.................
Actual Number of Respondents....................               0             118             218             336
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    The Department expects to revise both the SVA/ASP and the SSP/ASP 
with this information collection. One of the expected outcomes of 
revisions is that potentially 100 percent of respondents to the SVA/ASP 
will be a respondent of the SSP/ASP, due to the improved tiering 
methodology that will be implemented by the Department using data 
collected through the Top-Screen instrument. The Department anticipates 
both greater accuracy in the initial tiering determination and also 
substantially greater confidence in the tiering result. Hence, while 
the Department reserves the right and ability to conduct a second 
tiering as described in 6 CFR 27.220, the Department anticipates 
relying on the results of initial tiering determination for the second 
tiering unless the Department identifies a reason for not doing so on a 
case by case basis. An important benefit of this approach is that the 
lengthy tiering process will be streamlined for the majority of 
respondents that previously would have been required to complete a 
second survey in order to receive a final determination of not high 
risk. These facilities would have to only complete the Top-Screen to 
get to the same determination. For the purpose of estimating the number 
of respondents that will complete an SSP/ASP in this notice, the 
Department will make it equal to the number of SVA/ASP respondents, 211 
respondents, because all SVA/ASP respondents will be expected to 
subsequently complete the SSP/ASP.
    The Department considered modifying the number of SSP/ASP 
respondents to account for submissions of SSPs due to requirements of 
Section 2102 of the Homeland Security Act of 2002, which among other 
actions, modifies CFATS by adding a new process by which a respondent, 
assigned to (risk-based) Tier 3 or Tier 4 by the Department, can meet 
its regulatory requirement to draft and implement a Site Security Plan 
through a new process called the ``Expedited Approval Program.'' The 
Department ultimately has not has opted to not adjust the number of 
respondents because: (1) Most Tier 3 and Tier 4 facilities have 
approved SSPs; and (2) to date the Department has received few 
notifications from Tier 3 and Tier 4 facilities indicating that they 
plan to use the Expedited Approval Program.

Estimated Time per Respondent

    The current information collection estimated the time per 
respondent for preparing and submitting a SSP/ASP to be 225 hours. This 
estimate assumed that the majority of the burden associated with the 
SSPs/ASPs is outside of the Department's ability to quantitatively 
measure. However, by using the data during CY 2012-2014, the Department 
was able to measure the duration a respondent was logged into the SSP/
ASP application. The Department determined that 95 percent of 
respondents who submitted SSPs were logged into the CSAT SSP/ASP 
application for no more than 12.5 hours.
    As mentioned earlier in this notice, the Department expects to 
revise the SSP/ASP when this information collection is approved. The 
Department expects that as a result of the revised SSP/ASP respondents 
will spend 70 percent less time logged into the SSP/ASP application 
because the SSP/ASP will (1) have duplicative and unnecessary questions 
removed that exist in the SVA/ASP (e.g., questions related to asset 
identification in the SSP) and import relevant answers from the SVA/
ASP, and (2) reorganize the SSP/ASP questions in a streamlined process 
based upon the Department's experience with respondents over the past 
several years. The reorganization of SSP/ASP questions will allow the 
Department to also remove repetitive questions
    In response to previous comments provided by stakeholders in the 
last round of public comments on this Information Collection, the 
Department estimates that for every hour a respondent is logged into 
the CSAT SSA/ASP application, it spends an average of four hours in 
preparation. Therefore, for the purpose of this notice, the 
Department's estimated time per respondent to submit an SSP/ASP is 
18.75 hours. [(12.5 hours x 0.3) + ((12.5 hours x 0.3) x 4 hours)].\13\ 
The rounded estimate is 18.75 hours.
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    \13\ The numerical value of 0.3 is used to reflect that 70% 
reduction of time a respondent is expected to be logged into the 
CSAT SSP/ASP.
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    As mentioned earlier in this notice, there was a higher than 
expected resubmission of SSP/ASPs. In fact during CY 2012-2014, there 
were 2,721 SSP/ASPs resubmitted. The vast majority of the resubmissions 
were submitted by respondents who has submitted an initial SSP/ASP 
prior to CY 2012. To account for the increased resubmission of SSP/ASPs 
by respondents, the Department estimates that each respondent will 
submit an additional SSP/ASP.\14\
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    \14\ The Department analyzed the amount of time a respondent was 
logged into CSAT when submitting an initial SSP/ASP versus an 
additional SSP/SVP and determined that additional SVA/ASPs took 14% 
less time on average than initial SSP/ASPs. The Department, for the 
purposes of this notice, opted not to break out the initial and 
subsequent SSP/ASPs to analyze the minimal burden difference.
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    The Department also collects supporting documentation from 
approximately half of the respondents. Based upon the Department's day-
to-day informal discussions with respondents, the Department believes 
that a reasonable burden for the gathering and provision of supporting 
documentation is 0.25 hours per respondent.

Annual Burden Hours

    The annual burden hours for SSP/ASP submission is 7,912.50 hours 
[18.75 hours x 211 SSP/ASP

[[Page 72091]]

respondents x 2 response per respondent].
    The annual burden hours for obtaining supporting documentation is 
26.3750 hours [0.25 hours x (0.5 x 211 SSP/ASP respondents) x (one 
response per respondent)].
    Therefore, the Department estimates that the total annual burden 
hours for SSP/ASP submission is 7,938.8750 hours [7,912.50 hours + 
26.3750 hours]. The rounded estimate is 8,000 hours.

Total Burden Cost (Capital/Startup)

    The Department provides access to CSAT free of charge, and the 
Department assumes each respondent already has access to the internet 
for basic business needs. Therefore, for the purposes of this notice, 
the Department estimates that there are no capital/startup costs.

Total Recordkeeping Burden

    The recordkeeping burden estimate for the ``Site Security Plan 
(SSP) and Alternative Security Program (ASP) submitted in lieu of the 
Site Security Plan'' accounts for the recordkeeping burden high-risk 
chemical facilities are required to maintain under CFATS, including SSP 
and ASP records because the Department assumes that respondents 
maintain their records and any other required records in the same 
manners, formats, and locations as they maintain their SSP/ASP records. 
Therefore, the Department believes it is reasonable to estimate the 
recordkeeping burden for all respondents under the recordkeeping burden 
for the ``Site Security Plan (SSP) and Alternative Security Program 
(ASP) submitted in lieu of the Site Security Plan.''
    Records maintained under CFATS, including SSP/ASP records and other 
records listed at 6 CFR 27.255, may be kept in electronic or paper 
formats as long as they are reasonably protected. For the purpose of 
this notice, the Department assumes that all respondents will purchase 
a locked filing cabinet to maintain records at a cost of $350 each. In 
addition, respondents that use paper records will also incur the cost 
of additional paper and printer ink/toner. The Department assumes an 
additional box of paper ($50) and additional printer ink/toner supplies 
($200). Thus, the physical cost related to record keeping for each SSP/
ASP respondent is $600 (i.e., $350 for the filing cabinet plus $250 for 
paper and toner) for the first year and $250 per year for the second 
and third year. Thus, the annual average cost, for physical costs 
related to paper-based recordkeeping, is $367 per SSP/ASP.

                                                    Table 6--SSP/ASP Paper-Based Recordkeeping Costs
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                                     Locked filing    Paper and ink/
                                      cabinet cost      toner Cost      Year 1 cost      Year 2 cost      Year 3 cost          Average annual cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
SSP/ASP...........................            $350             $250             $600             $250             $250   $367 (rounded).
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The Department assumes that clerical staff will spend 48 hours per 
year (four hours per month) maintaining records, such as filing, 
binding, etc. For the purpose of this notice the Department used the 
wage rate of $37.51 per hour.\15\ Thus, the Department estimates the 
labor related to paper-based recordkeeping burden is $1,800.48 per SSP/
ASP [48 hours x $37.51].
---------------------------------------------------------------------------

    \15\ The average hourly wage rate was based on an average hourly 
wage rate of $26.15 with a benefits multiplier of 1.43. The $37.51 
rate was based on 2014 dollars using the Consumer Price Index (CPI). 
U.S. Department of Labor, Bureau of Labor Statistics; ``Table 24. 
Historical Consumer Price Index for All Urban Consumers (CPI-U): 
U.S. city average, all;'' Annual Average; July 2015. Available at: 
http://www.bls.gov/cpi/tables.htm, last accessed on September 9, 
2015.
---------------------------------------------------------------------------

    Alternatively, although it is not required, businesses may keep 
their records electronically. Under this scenario, the Department 
maintains its assumption that a small number of respondents (i.e., 5 
percent) will purchase a computer loaded with basic spreadsheet 
software. For the purpose of this notice, the Department assumes that 5 
percent of respondents will purchase a computer and printer to maintain 
records at a total cost of $1,000. Thus, the annual average cost for 
physical costs related to electronic-based recordkeeping is $333 
(rounded) per SSP/ASP.
    The Department assumes that there will be a larger time commitment 
for updating records and inputting data into a spreadsheet. Hence, the 
Department maintains its estimate of six hours per month to maintain 
electronic records. Thus, the Department estimates the labor related to 
electronic-based recordkeeping burden is $2,700.72 [72 hours x $37.51 
(average hourly wage rate for clerical staff)].
    Therefore, for the purposes of this notice, the Department 
estimates that the annual recordkeeping burden is $438,744.116 [($367 + 
$1,800.48) x (0.95 x 211 SSP/ASP respondents) + [($333 + $2,700.72) x 
(0.05 x 211 SSP/ASP respondents)]. The rounded estimate is $438,800.

Total Annual Burden Cost

    The total annual burden cost for the SSP/ASP is $976,364.731 
[7,938.8750 hours multiplied by $67.72 (average hourly wage rate for 
Site Security Officers) + $438,744.116 (total annual recordkeeping 
burden)]. The rounded estimate is $976,400.

The Department's Methodology in Estimating the Burden for the Helpdesk

Number of Respondents

    The Department evaluated the historical data to determine if the 
current information collection estimate of 15,000 respondents continued 
to be an appropriate estimate for Helpdesk. During CY 2012-2014, the 
Helpdesk accepted 30,452 calls and 12,246 emails.

                                                              Table 7--Helpdesk Respondents
                                                                [Estimated versus actual]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              Year 1  CY      Year 2  CY      Year 3  CY
                                                 2012            2013            2014            Total                     Average annual
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated number of Respondents in current          15,000          15,000          15,000          45,000  15,000.
 information collection.

[[Page 72092]]

 
Actual number of Respondents (phone calls            9,530          15,802          17,366          42,698  14,233 (rounded).
 and e-mails).
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The actual average annual number of respondents for this time 
period was 14,233 respondents (calls and emails). The Department will 
maintain the estimated number of respondents of 15,000, based on actual 
historical data.

Estimated Time per Respondent

    The Department evaluated the historical data to determine if the 
estimated time per respondent of 0.17 hours (10 minutes) continued to 
be an appropriate estimate. During CY 2012-2014, the actual average 
Helpdesk call averaged less than eight minutes.

                                      Table 8--Helpdesk Call Time Averages
----------------------------------------------------------------------------------------------------------------
                                                               Year 1  CY 2012  Year 2  CY 2013  Year 3  CY 2014
----------------------------------------------------------------------------------------------------------------
Actual Average Call Time (minutes)...........................            7:38             8:09             7:15
----------------------------------------------------------------------------------------------------------------

    The Department does not have any information about the average 
amount of time it took respondents to type and send the 12,246 emails 
during CY 2012-2014.
    Therefore, for the purpose of this notice, the Department has 
maintained the estimated time per respondent of 0.17 hours.

Annual Burden Hours

    The annual burden hours for the Helpdesk will be 2,550 hours [0.17 
hours x 15,000 respondents].

Total Burden Cost (Capital/Startup)

    Contacting the CFATS Helpdesk is free, and the Department assumes 
that each respondent already has a phone and/or access to the internet 
for basic business needs. Therefore, for the purposes of this notice, 
the Department estimates that there are no capital/startup costs.

Total Recordkeeping Burden

    There is no recordkeeping burden when contacting the CSAT Helpdesk.

Total Annual Burden Cost

    The total burden for the Helpdesk is $172,686 [2,550 annual burden 
hours x $67.72 (average hourly rate for Site Security Officers)]. The 
rounded estimate is $172,700.

The Department's Methodology in Estimating the Burden for the User 
Registration

Number of Respondents

    The current information collection estimated 625 respondents would 
complete the user registration process annually. That estimate is based 
on the assumption that the number of respondents for User Registration 
will be one-fourth of the number of respondents for the Top-Screen. 
During CY 2012-2014, the actual number was 3033 respondents.

                                      Table 9--User Management Respondents
                                            [Estimated versus actual]
----------------------------------------------------------------------------------------------------------------
                                    Year 1  CY      Year 2  CY      Year 3  CY
                                       2012            2013            2014            Total      Average annual
----------------------------------------------------------------------------------------------------------------
Estimated number of Respondents              625             625             625           1,875             625
 in current information
 collection.....................
Actual number of Respondents....             510            1704             819            3033           1,011
----------------------------------------------------------------------------------------------------------------

    The Department expects the actual number of respondents to 
fluctuate. However, for the purposes of this notice the Department 
estimates the number of respondents is 1000 annually.

Estimated Time per Respondent

    In the current information collection, the estimated time per 
respondent is two hours. The Department will maintain the assumption 
that two hours is an adequate amount of time for the respondent to (1) 
complete the online CSAT User Registration process, and subsequently 
(2) collect and submit the necessary signatures on the user access 
agreement.

Annual Burden Hours

    The annual burden estimate for User Registration is 2,000 hours [2 
hours x 1000 respondents].

Total Burden Cost (Capital/Startup)

    The Department assumes that each respondent already has a fax 
capability and access to the internet for basic business needs. 
However, the Department expects to be revising the CSAT User Management 
application to reduce the burden on respondents and improve the 
functionality of the CSAT User Management application. The Department 
expects that there will be a one-time burden for all existing CSAT 
Users when the CSAT User Management application is updated. The 
Department expects the one-time burden to be 0.17 hours (10 minutes) 
per CSAT user. As of September 2015, there were 24,630 active CSAT 
accounts; therefore, the Department estimates that there will be a 
capital/startup cost of $283,550.4120 [24,630 Active CSAT users x 0.17 
hours x $67.72 (average hourly rate for Site

[[Page 72093]]

Security Officers)]. The rounded estimate is $283,600.

Total Recordkeeping Burden

    There is no recordkeeping burden for submitting a User Registration 
application.

Total Annual Burden Cost

    The total burden for User Registration is $418,990.4120 [2,000 
annual burden hours x $62.72 (average hourly rate for Site Security 
Officers) + $283,550.4120 (Capital/Startup Burden Cost)]. The rounded 
estimate is $419,000.

The Department's Methodology in Estimating the Burden for 
Identification of Additional Facilities and Assets At Risk

Number of Respondents

    The Department may collect information from each respondent of a 
SSP/ASP under this instrument. Respondents are not required to provide 
this information to the Department for purposes of complying with any 
portion of CFATS. The Department estimates the number of respondents to 
this instrument will be equal to the number of respondents to the SSP/
ASP, or 211 respondents.

Estimated Time per Respondent

    This instrument will request information from covered chemical 
facilities about their chemical of interest supply and distribution 
chain or other information about their business operations to allow the 
Department to potentially identify either potential chemical facilities 
of interest or potential assets at risk at the covered chemical 
facility. Participation in this collection will be voluntary and 
respondents will not be required to provide this information to the 
Department for purposes of complying with any portion of CFATS. The 
Department expects the estimated time per respondent is 0.17 hours (10 
minutes).

Annual Burden Hours

    The annual burden estimate is 35.87 hours [0.17 hours x 211 
respondents]. The rounded estimate is 40 hours.

Total Burden Cost (Capital/Startup)

    The Department expects a one-time burden for covered chemical 
facilities with an approved SSP/ASP. There are approximately 3000 
covered chemical facilities regulated under CFATS.\16\ Therefore, the 
Department estimates that there will be a one-time capital/startup cost 
of $34,537.20 [3000 covered chemical facilities x 0.17 hours x $67.72 
(average hourly wage rate for Site Security Officers)]. The rounded 
estimate is $34,600.
---------------------------------------------------------------------------

    \16\ The number of covered chemical facilities fluctuates. For 
the purposes of this notice 3,000 represents a reasonable estimate 
to estimate the burden this instrument could impose.
---------------------------------------------------------------------------

Total Recordkeeping Burden

    There is no recordkeeping burden for this instrument.

Total Annual Burden Cost

    The total burden for the identification of additional potential 
chemical facilities of interest and assets at risk is $36,966.3164 
[35.87 annual burden hours x $67.72 (average hourly rate for Site 
Security Officers) + $34,537.20 (Capital/Startup Burden Cost)]. The 
rounded estimate is $37,000.
    OMB is particularly interested in comments that:
    1. Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    2. Evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    3. Enhance the quality, utility, and clarity of the information to 
be collected; and
    4. Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology (e.g., permitting electronic 
submissions of responses).
    Analysis:
    Agency: Department of Homeland Security, National Protection and 
Programs Directorate, Office of Infrastructure Protection, 
Infrastructure Security Compliance Division.
    Title: Chemical Security Assessment Tool.
    OMB Number: 1670-0007.
    Instrument: CSAT Top-Screen.
    Frequency: ``On occasion'' and ``Other.''
    Affected Public: Business or other for-profit.
    Number of Respondents: 1,000 respondents (estimate).
    Estimated Time per Respondent: 6.00 hours.
    Total Burden Hours: 9,200 hours.
    Total Burden Cost (capital/startup): $15,005,400.
    Total Recordkeeping Burden: $0.
    Total Burden Cost: $15,623,400.

    Instrument: Security Vulnerability Assessment and Alternative 
Security Program submitted in lieu of the Security Vulnerability 
Assessment.
    Frequency: ``On occasion'' and ``Other.''
    Affected Public: Business or other for-profit.
    Number of Respondents: 211 respondents.
    Estimated Time per Respondent: 2.65 hours.
    Total Burden Hours: 900 hours.
    Total Burden Cost (capital/startup): $0.
    Total Recordkeeping Burden: $0.
    Total Burden Cost: $58,600.

    Instrument: Site Security Plan and Alternative Security Program 
submitted in lieu of the Site Security Plan.
    Frequency: ``On occasion'' and ``Other.''
    Affected Public: Business or other for-profit.
    Number of Respondents: 211 respondents.
    Estimated Time per Respondent: 18.75 hours.
    Total Burden Hours: 8,000 hours.
    Total Burden Cost (capital/startup): $0.
    Total Recordkeeping Burden: $438,800.
    Total Burden Cost: $976,400.

    Instrument: CFATS Helpdesk.
    Frequency: ``On occasion'' and ``Other.''
    Affected Public: Business or other for-profit.
    Number of Respondents: 15,000 respondents.
    Estimated Time per Respondent: 0.17 hours.
    Total Burden Hours: 2,550 annual burden hours.
    Total Burden Cost (capital/startup): $0.
    Total Recordkeeping Burden: $0.
    Total Burden Cost: $172,700.

    Instrument: CSAT User Registration.
    Frequency: ``On occasion'' and ``Other.''
    Affected Public: Business or other for-profit.
    Number of Respondents: 1000 respondents.
    Estimated Time per Respondent: 2 hours.
    Total Burden Hours: 2,000 hours.
    Total Burden Cost (capital/startup): $283,600.
    Total Recordkeeping Burden: $0.
    Total Burden Cost: $419,000.

    Instrument: Identification of Facilities and Assets At Risk.
    Frequency: ``On occasion'' and ``Other.''
    Affected Public: Business or other for-profit.
    Number of Respondents: 211 respondents.

[[Page 72094]]

    Estimated Time per Respondent: 0.17 hours.
    Total Burden Hours: 40 hours.
    Total Burden Cost (capital/startup): $34,600.
    Total Recordkeeping Burden: $0.
    Total Burden Cost: $37,000.

    Dated: October 30, 2015.
Scott Libby,
Deputy Chief Information Officer, National Protection and Programs 
Directorate, Department of Homeland Security.
[FR Doc. 2015-29457 Filed 11-17-15; 8:45 am]
 BILLING CODE 9110-9P-P